Subpart E - Certificates of Airworthiness
This Subpart details requirements governing the airworthiness certification of aircraft.
21.173 Certification standard
(a) Certificates of Airworthiness issued under this Subpart are based on the airworthiness standards of the applicable Type Acceptance Certificate.
(b) A Certificate of Airworthiness issued under this Subpart may contain operating conditions and limitations.
(c) An Aircraft Flight Manual approved by the State of Type Certification is associated with and forms part of the Certificate of Airworthiness.
21.175 Application for a Certificate of Airworthiness
(a) The applicant for the grant of a certificate of airworthiness shall provide, to the satisfaction of the Governor, evidence that:
(1) the aircraft conforms to an applicable Type Acceptance Certificate issued under Subpart B; and
(2) each design change and repair to the aircraft conforms to design changes as required by Subpart C; and
(3) the aircraft complies with any applicable airworthiness directives required to be complied with under OTAR Part 39 Subpart C; and
(4) the aircraft is issued with the appropriate flight manual that is current for the type and model and which includes limitations, identifies any required placards, supplements and appendices as required by the aircraft design standard; and
(5) the aircraft’s maintenance and continued airworthiness records are complete and up-to-date and maintained in accordance with OTAR Part 43 Subpart B and OTAR Part 39 Subpart D; and
(i) a valid Export Certificate of Airworthiness or equivalent document has been issued by an NAA specified in paragraph 21.25(a)(1); or
(ii) a valid Export Certificate of Airworthiness or equivalent document has been issued by an NAA, other than one identified in paragraph 21.25(a)(1), listing any deviations from the FAA, Transport Canada or EASA TC standard as applicable together with the verification of compliance with the applicable TC Standard by an accepted approved organisation or person. An Aircraft Airworthiness Review may also be required in accordance with paragraph 21.175(b) to verify the TC Standard and any accepted deviations if determined by the Governor; and
(7) the aircraft is appropriately registered in the Territory and displays nationality and registration marks in accordance with OTAR Part 47; and
(8) the aircraft and its components are identified by the means specified in the Type Design standards or are acceptable to the Governor; and
(9) the aircraft has undergone a maintenance inspection, acceptable to the Governor, that is based on:
(i) a routine inspection in accordance with the manufacturer’s maintenance programme; or
(ii) a scheduled inspection in accordance with the maintenance programme of an air transport operator certified by an ICAO contracting State; or
(iii) an equivalent inspection acceptable to the Governor; and
(iv) a bridging check to a maintenance programme approved by the Governor and accomplished in a manner acceptable to the Governor; and
(10) the aircraft is, or has been, weighed for Certificate of Airworthiness issue in a manner and thereafter at intervals prescribed in OTAR Part 39 Subpart D; and
(11) any check flight prescribed by the Governor is undertaken and evaluated for acceptability.
(b) The Governor may require an Aircraft Airworthiness Review to determine the aircraft’s build, modification and repair standard to be conducted by an appropriately approved OTAR Part 39 organisation or an organisation having an appropriate design approval granted by a NAA identified in paragraph 21.25(a)(1).
(c) The aircraft shall be made available and the records presented for inspection at a location or locations acceptable to the Governor.
(d) A prescribed airworthiness status report acceptable to the Governor shall be completed and presented by an organisation approved in accordance with OTAR Part 39.
21.179 Issue of Certificate of Airworthiness
(a) An applicant is entitled to a Certificate of Airworthiness for an aircraft when the Governor is satisfied that:
(1) the applicant has demonstrated that the aircraft complies with the relevant Type Acceptance Certificate; and
(2) the applicant meets the applicable requirements of this Subpart in a manner acceptable to the Governor; and
(3) the granting of the certificate is not contrary to the interests of aviation safety; and
(4) any airworthiness review required by paragraph 21.175(b) has been accomplished and the results are satisfactory to the Governor.
(b) The Certificate of Airworthiness is formatted in compliance with ICAO Annex 8, Part 2 Chapter 3 and is in the English language.
21.181 Reissue of Certificate of Airworthiness
(a) The applicant for the reissue of a certificate of airworthiness shall provide, to the satisfaction of the Governor, evidence that the aircraft continues to meet the applicable requirements of this OTAR Part in a manner acceptable to the Governor.
(b) If the application for the reissue of a Certificate of Airworthiness is made within 60 days before the expiry date of the certificate, it may be reissued from the date of expiry subject to all the criteria for reissue being met and the circumstances of the application.
(c) If the application for the reissue of a Certificate of Airworthiness is made more than 60 days before the expiry of the certificate or if the investigations necessary continue beyond the expiry date, the certificate will be reissued from the date all applicable criteria are met.
21.183 Certificate of Airworthiness in force
(a) A certificate of airworthiness will be valid for a maximum period of twelve months from the date of issue or re-issue unless it is suspended or revoked and will remain in force provided that:
(1) the aircraft remains registered in the Territory; and
(2) the Type Acceptance Certificate remains in force; and
(3) the aircraft is maintained in accordance with the applicable approved maintenance programme, any additional airworthiness requirements and appropriate requirements specified in OTAR Part 39 Subparts C and D; and
(4) the aircraft has not sustained damage beyond the limits specified in approved data; and
(5) the aircraft is maintained in accordance with promulgated continued airworthiness instructions to improve airworthiness by the State of type certification as required by paragraph 21.19(a); and
(6) the aircraft, including appliances, emergency equipment and operational equipment, is maintained in an airworthy condition.
(b) The holder of a Certificate of Airworthiness that is revoked or suspended shall immediately surrender the Certificate to the Governor.